KUALA LUMPUR (Aug 12): Counsels for Datuk Seri Najib Razak in his RM1.9 million civil suit against the Government and Tan Sri Tommy Thomas have objected to lawyers from Thomas' firm representing the former attorney general in the matter.
The former prime minister's counsel Datuk Firoz Hussein Ahmad Jamaluddin said it will be difficult for the firm's partners and attorneys to maintain professional independence and act objectively in this action.
In the application filed on Aug 9, the counsels had named the firm representing Thomas. However, during proceedings on Friday (Aug 12) they narrowed it down to two lawyers Alan Gomez and Lai Wei Shiung.
"In a nutshell, our application is now to disqualify the counsels. The reason is because we say as a matter of law, members of the same firm should not represent partners, consultants or other lawyers in contentious matters such as this," Firoz said.
He argued that the firm and Thomas have "pecuniary" or monetary interest in the matter and that the counsels will not be able to exercise a level of detachment needed to argue the matters. Therefore, it was in the best interest of the law if the counsels did not continue to represent Thomas.
Thomas served as AG from June 2018 till February 2020. In September 2020, he became a consultant at the firm.
Meanwhile, Gomez asserted that Thomas is not a partner in the firm and does not enjoy its profits. He contended that the allegations of pecuniary interest are a bare allegation not backed up with evidence.
He argued that Thomas has applied to strike out the suit and should the matter go to trial and a judgement is made, it will be against Thomas as the first defendant, and not the firm.
"They have clearly failed to demonstrate [how] the partners in the firm have a pecuniary interest in the matter," he said.
Najib's suit revolves around the charges brought against him in criminal cases linked to 1Malaysia Development Bhd (1MDB), claiming that Thomas and the then Pakatan Harapan government engaged in “malicious prosecution”, and that the charges against him were part of a “long-planned, premeditated exercise”.
Both Thomas and the Government have applied to strike out the suit as they claimed that the former premier's legal action was frivolous, vexatious and an abuse of the court process.
High Court judge Datuk Ahmad Bache has set Aug 19 to deliver his decision on the matter.